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« 41 witnesses named by Derderian defense | Today | Terror plot: First flight from Logan to Heathrow canceled » August 9, 2006Defense: Derderian not responsible for overcrowdingPROVIDENCE -- Lawyers for Station nightclub co-owner Michael Derderian filed a motion in Superior Court today arguing that their client wasn't responsible for overcrowding at the club on the night of the fire that killed 100 people. The motion cites a state law that says occupancy should be supervised "by the responsible management or person...delegated that responsibility" and that the maximum occupancy should be visible "on a sign posted by the state fire marshal's office." There was no sign, the attorneys argue, and Derderian wasn't in the club during the fire so he couldn't have been "the responsible management or person" referred to in the law. Derderian is one of two brothers who owned The Station, a West Warwick nightclub that burned down in February 2003, killing 100 people. His trial on involuntary manslaughter charges is scheduled to begin with jury selection on Sept. 5. The trial for his brother, Jeffrey A. Derderian, is expected to follow. Today's motion, which sheds light on at least one defense strategy less than a month before the trial's scheduled start date, cited testimony from former West Warwick fire marshal Denis Larocque, who acknowledged there was no sign regarding club capacity posted at the club. "Because the state fire marshal never provided the sign required [by the law], and because Michael Derderian was not present at the time of the fire, he cannot be deemed the 'person responsible' for occupancy ... " reads the motion. The filing asks Superior Court Judge Francis J. Darigan to issue an order banning any prosecutor or witness from suggesting Derderian was responsible for club capacity. And it asks Darigan to instruct the jury that "any person who was not present at the time of the fire cannot be deemed responsible for the occupancy at the time of the fire." A hearing has not yet been scheduled for Darigan to rule on today's motion. -- projo.com staff writer Steve Peoples Posted by Steve Peoples CommentsPost a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006